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Is there a statute of limitations in a motion for discovery? Been months since filled and still nothing...

Seattle, WA | September 14, 2012 9:04pm

Filed a motion for discovery in a DUI case (arrest date August 12, first court appearance & submittable of motion August 17, pre-trail hearing September 17) - Seattle Municipal Court.... have not received any of the video evidence for my defense. Is there a statue of limitations in which one should receive the information? Due Process? Something?

There are court rules and associated case law that deal with discovery rules. The problem is that any attorney license in Washington is prohibited from assisting a non attorney in the practice of law. You should either hire an attorney or get a public defender. You should not try and defend a DUI case alone. These are complicated cases. If you are having trouble determining very simple discovery rules you're going to have a lot of difficulty when it comes to the rules of evidence and criminal procedure. It takes years and hundreds, if not thousands , of cases before one begins to really understand all the nuances of these cases.

Hire an attorney on this one - especially since it's only 3 days until your pre-trial conference. Don't try to outsmart the prosecutors on technical rules - you will probably lose. Look up the cases on prosecutorial misconduct and you will see the wide deference given to prosecutors for violating technical rules (that is, even assuming this is a violation).

If you don't have one, make sure the judge knows that you haven't received this.

The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm
The video would help in doing this, but only if you have experience doing it.

What to do if you are stopped when you have been drinking?
http://addbalance.com/duistop.htm

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I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com
Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm